During the waiting period in the European Union foreign country acquired driving licence is not recognized at expiration of the curfew
HWPG home citizen & partner, attorneys tax counsel, citizen of Berlin avenue 47, 40212 Duesseldorf
(openPR) - one in Germany judicially imposed curfew for the new acquisition of a driving licence for example because of preceding Trunkenheitsfahrt in the traffic may not be occurred by the acquisition of a driving licence in the European Union foreign country. That applies also, if the concerning of this driving licence makes use only at expiration of the waiting period in Germany. A foreign driving licence is recognized non therefore in Germany -, if it were issued during a curfew.
OLG Stuttgart of 15.01.2007, file references: 1 Ss 560/06
The following shortened circumstances were the basis:
After several Trunkenheitsdelikten in the traffic the driving licence had been extracted from the accused. Still during the judicially arranged waiting period for the new acquisition of a driving licence it had acquired an European Union driving licence with an one-day stay in Tschechien. By this driving licence it made use repeated at expiration of the waiting period in Germany.
The district court condemned the accused because of driving without driving licence in two cases to six months imprisonment without probation. The regional court acquitted it. On the revision of the public prosecutor's office main header arranged here the higher regional court the acquietal up and the thing for renewed negotiation and decision rejected to another criminal court regional court.
For the reasons:
The regional court acquitted in the opinion the higher regional court Stuttgart the accused to injustice. Are European Union driving licences, which were issued in other member states of the European Union to recognize in principle also in Germany. The mutual acknowledgment of the driving licence distribution may not lead however to an endangerment of the security of the traffic by evasion of the national driving licence right. Such an evasion is present here, because the accused acquired the driving licence in Tschechien at one time, when the waiting period for the new division of a driving licence did not run off yet. The foreign driving licence does not become acknowledgmentable also in Germany by the fact that the accused made use of it only at expiration of the waiting period in Germany. This interpretation of the German driving licence right does not contradict the relevant iurisdiction of the EuGH. Because this orders only the acknowledgment of a driving licence acquired at expiration of the waiting period in the European Union foreign country.
HWPG home citizen & partner
Attorneys, tax counsels
Berlin avenue 47
40212 Duesseldorf
Partner: Dr. h.c. Thomas citizen, attorney, specialist lawyer for criminal law, specialist lawyer for traffic law
Phone: +49 211 8632-600
Fax: +49 211 8632 6029
E-May: heimbuerger@hwpg.de
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Their partner: Dr. h.c. Thomas citizen, attorney, specialist lawyer for criminal law, specialist lawyer for traffic law
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